HB2332 - 452R - House Bill Summary

House of Representatives

HB 2332

optical scan equipment; elections

Sponsors: Representatives Voss, Brotherton, Senators Burns, Hamilton

dpa	Committee on Judiciary
x	Committee on Appropriations
	Caucus and COW
	Third Read	This bill as introduced contains *Appropriation and Emergency clauses.*
	As Passed the House

HB 2332 is an emergency measure that appropriates $3.4 million from the State General Fund in fiscal year 2001-2002 in order for the Secretary of State to obtain marksense optical scan voting systems and training for all counties in Arizona that do not currently use marksense optical scan voting systems.

Current Status

As amended in the Judiciary Committee, HB 2332 no longer allows the Secretary of State to solicit private donations for the Voting Systems Upgrade Fund. The Judiciary Committee amendment also adds technical support to the items the Secretary of State will provide to punch card counties that switch over to optical scan systems.

History

Arizona uses two different vote-tabulating systems. One is the punch-card system, whereby a voter punches out chad that corresponds to the candidate or issue the voter wishes to select. The other is the marksense optical scan system, which utilizes dark mark logic used by a computer to sense a mark and select the corresponding candidate or issue as the voter’s choice.

In July of 2001, the Caltech-MIT Voting Technology Project report recommended upgrading voting technologies on a national scale to prevent lost votes. The report states that votes are lost for two reasons: (1) problems with voter registration or polling place practices and (2) some votes that are cast are not counted due to problems with ballots. The report estimates that between four and six million presidential votes were lost in the 2000 election. Of these, the report estimates that between 1.5 to two million votes were lost because of faulty equipment and confusing ballots.

Currently, five Arizona counties use marksense optical scan vote tabulating systems. These counties are Apache, Graham, Maricopa, Pima and Yavapai. Cochise County recently approved acquisition and use of the marksense optical scan system and plans to implement by May of 2002.

Provisions

· Requires all counties to use only marksense optical scan systems in state and federal elections after acquisition of the equipment by the Secretary of State.

· Mandates that the Secretary of State notify all county recorders, county officers in charge of elections and the Arizona Legislative Council when the article takes effect.

· Allows for two exceptions whereby a county is not required to use the new equipment:

1. If the United States Department of Justice fails to preclear the requirement to use only marksense optical scan equipment and the marksense optical scan equipment is not delivered to the county by May 1, 2002.

2. The equipment is an accommodation for disabled voters or uniformed or overseas citizens and is designed to enable voters to vote independently.

· Defines equipment and marksense optical scan voting system.

· Establishes the Voting Systems Upgrade Fund. The Fund consists of monies appropriated by the Legislature, monies received from the federal government and monies from any public or private source. Monies in the Fund are continuously appropriated and are administered by the Secretary of State.

· Requires the Secretary of State to use monies in the Fund to purchase marksense optical scan voting systems, including acquiring equipment, technical support and training, for those counties that currently use punchcard voting systems.

· Exempts the acquisition or lease of the equipment from the requirements of the procurement code.

· Requires the Secretary of State to solicit written proposals to provide equipment or training from vendors whose marksense optical scan voting systems has been certified for use by the Secretary of State.

· Makes a conforming change to the procurement code.

· Appropriates $3.4 million from the State General Fund in fiscal year 2001-2002 for deposit into the Voting Systems Upgrade Fund.

· Contains an emergency clause.

HB 2332 was amended in the Judiciary Committee as follows:

· Removes authorization for the Secretary of State to solicit private donations for the Voting Systems Upgrade Fund.

· Adds technical support to the items that will be provided by the Secretary of State to counties that switch over to optical scan systems.

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· 45th Legislature